Chapter 72. Streets and Sidewalks

Chapter 72 STREET AND SIDEWALKS

ARTICLE I Street Encroachments and Openings

§ 72-1. Title.

§ 72-2. Obstruction and encroachment of streets prohibited; permit required.

§ 72-3. Excavation and opening; permit required.

§ 72-4. Application; contents

§ 72-5. Processing of application; issuance of permit.

§ 72-6. Deposit; performance bond.

§ 72-7. Temporary and final repairs and restoration.

§ 72-8. Defects; correction of work; default.

§ 72-9. Restrictions.

§ 72-10. Statement of compliance required.

§ 72-10.1. Insurance.

§ 72-10.2. Conformity of performance with application.

§ 72-10.3. Protective measures required.

§ 72-10.4. Emergencies.

§ 72-10.5. Exceptions.

§ 72-10.6. Inspection; rules and regulations.

§ 72-10.7. Violations and penalties.

§ 72-10.8. Definitions.

§ 72-10.9. Severability.

§ 72-10.10 Repealer.

§ 72-10.11 When effective.

ARTICLE II Sidewalks: Use by Automobiles and Other Vehicles

§ 72-11. Use of vehicles on sidewalks unlawful.

§ 72-12. Operating of bicycles on sidewalks unlawful.

§ 72-13. Repealer; effective date.

ARTICLE III Sidewalks: Removal of Grass, Weeds, Snow and Ice

§ 72-14. Responsibility for Repairs.

§ 72-15. Inconsistency

§ 72-16. Severability.

§ 72-17. Effective date.

[HISTORY: Adopted by the Township Council of the Township of Gloucester: Article I, 3-26-76 as Ord. No. 0-76-11. Adopted by the Township Council of the Township of Gloucester: Article II, 8-4-13 as Ord. No. 19. Article III, 11-27-95 as Ord. No. O-95-57. Amend­ments noted where applicable.]

General References

Planning Board - See Ch. 2

Autobuses - See Ch. 32.

Curfew - See Ch. 45.

Garbage, rubbish and waste - See Ch. 55.

Gasoline stations, pumps and apparatus - See Ch. 56.

Peace and good order - See Ch. 67.

Land Development Ordinance - See 0-83-26A.

Vehicle and traffic - See Ch. 81.

Nuisance Code - See Ch. 92.

Sanitary sewer connections - See Ch. 98.

Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:

ARTICLE I Street Encroachments and Openings

[Adopted 3-26-76 as Ord. No. 0-76-11 ]

§ 72-1. Title.

This ordinance may be known and cited as the "Gloucester Township Street Encroachment and Openings Ordinance."

§ 72-2. Obstruction and encroachment of streets prohibited; permit required.

No person shall place or maintain any obstruction, encroachment or encumbrance in, over or upon any road, street, avenue, highway or right-of-way of the Township of Gloucester, nor shall any such person use or attempt to use, for any private purpose, any part of any road, street, avenue, highway or right-of-way without first having obtained a permit therefor as hereinafter provided.

§ 72-3. Excavation and opening; permit required.

A. No person shall disturb the surface, tunnel under, cut, break into or make any opening or excavation of any kind in any road, street, avenue, highway or right-of-way of the township of Gloucester without first having obtained a permit therefor as hereinafter provid­ed.

B. No permit shall be issued for a period of five (5) years where a pavement has been reconstructed or a period of three (3) years where a pavement has been resurfaced, unless there is a need shown as a result of an emergency or hardship. An emergency or hardship application shall be made to the Township Council by letter request to the Township Clerk, demonstrating the emergency or hardship. Where an emergency or hardship is demonstrated, the Township Council shall have the authority to authorize the granting of a permit by resolution. Any permit granted shall require the necessary fees, escrows and the reconstruction or resurfacing of the pavement from the curb line to the centerline.

[Amended 07-11-11 by Ord. No. 0-11-18]

C. Unless written permission is obtained from the Director of Public Works, no permittee shall be allowed permission to cut, break into, excavate or open a street for a greater distance than 300 feet at one time or keep the same open for a period longer than one week. During the entire period the street is being cut, broken into, excavated or opened by the permittee, there shall be provided by the permittee a space at street level of at least 12 feet in width for the purposes of allowing vehicles free and unimpeded use of the same.

D. In no event shall a permit be valid for a period of time in excess of 90 days after its issuance without the written approval of the Director of Public Works.

E. All cuts, breaks, excavations and openings shall conform in size to the application on which the permit is based and shall be performed in neat, even and rectangular sections. All excavations are to be protected in accordance with applicable local, State, and Federal requirements.

F. If in the opinion of the Director of Public Works, any cut, excavation or opening would be dangerous if left exposed, the permittee shall erect a suitable barrier or railing around the same in such manner as to prevent danger to pedestrians or vehicles and place upon such barrier or railing and upon any building materials and appliances suitable and sufficient warning lights during the period of darkness. In any event, suitable and sufficient warning lights shall be maintained by the permittee during periods of darkness in the vicinity of the cut, excavation or opening. The barriers and lighting shall conform to the Department of Transportation Manual of Uniform Traffic Control Devices and any amendments. In addition to the permittee placing his name and telephone number where he can be reached at all times on the barriers, the permittee shall also notify the Director of Public Works and local municipal authority of the condition of the unfinished excavation and furnish the above with his name and telephone number where he can be reached at all times.

[Amended 12-27-12 by Ord. O-12-31]

§ 72-4. Application; contents.

A. [Amended 4-23-76 by Ord. No. 0-76-21²] Each application for a permit shall be made, in writing, on forms provided, to theTownship Clerk and shall be accompanied by an application fee of thirty dollars ($30.). Each application shall be in duplicate and shall contain the following information:

1. Names, addresses and telephone numbers of the applicant, the contractor or person doing the work and the person for whom the work is being performed; also and emergency telephone number of the contractor.

2. State of the purpose and location of the proposed obstruction, encroachment, encumbrance, tunneling, cutting, breaking, excavation or opening, setting forth the name of the road, street, avenue, highway or right-of-way and the portion thereof to be utilized and affected.

3. Description of the nature, kind and character of each proposed obstruction, encroachment, encumbrance, tunneling, cutting, breaking, excavation or opening.

4. Statement of the estimated period of time during which the same shall be maintained, setting forth the date when the proposed activity will commence and terminate.

5. Statement of the nature of the surface of the road, street, avenue, highway or right-of-way to be affected.

6. Such other information as may be reasonably required to fulfill the requirements of this ordinance.

B. Each copy of the application shall be accompanied by a scaled plan or detailed sketch showing the precise location and size of the proposed obstruction, encroachment, encum­brance, tunneling, cutting, breaking, excavation or opening and the areas of the road, street, avenue, highway or right-of-way to be affected by the same.

§ 72-5. Processing of application; issuance of permit.

A. Upon receipt of the completed application, accompanying documentation and application fee, the Township Clerk shall transmit the duplicate copy of the application to the Director of Public Works or his designee, who shall review the application, consulting with the Township Engineer or other directors if necessary, to consider and verify its contents, thereafter, the Director of Public Works shall indicate his approval or disapproval thereof, in writing, to the Township Clerk, together with any terms, conditions or recommendations with respect to the application. The Director of Public Works shall also establish and indicate the required amount of deposit to be paid to the Township Clerk before issuance of a permit in accordance with the schedule set forth in § 72-6 of this ordinance.

B. Upon approval of the application and payment of the stipulated deposit, the Township Clerk shall issue the permit, subject to the terms of this ordinance and such reasonable terms and conditions as may be established in the interest of public safety, health and welfare. Each appli­cation shall be approved if the application and plans conform to the requirements of this ordinance and provide for the work to be performed in accordance with the New Jersey State Highway Specifications, this ordinance and any other applicable state or municipal law, ordinance or regulation, and if the work does not otherwise create any condition detrimental to the public health, safety and welfare.

§ 72-6. Deposit; performance bond.

A. Prior to the issuance of a permit hereunder, the applicant shall deposit with the Township Clerk a sum, in cash, to be determined in accordance with the following schedule:

Charge Addiitonal Charge for 10 per square foot square feet in excess of 10. Type of Road or less square feet

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Earth $100.00 $2.00

Blacktop 150.00 3.00

Reinforced Concrete 200.00 5.00

Concrete Side- Walk 100.00 3.00

Other concrete 100.00 4.00

Top Soil and seep (each square foot) 2.00

B. Said sum shall be deposited to assure the proper repairs, reconstruction or restoration of the roads, streets, avenues, highways or right-of-way and, after final approval of said repairs or reconstruction, shall be returned to the appli­cant, less any additional charges against the same as hereinafter provided.

C. In lieu of said cash deposit, a public utility company may post and maintain with the Township Clerk a performance bond in the minimum amount of five thousand dollars ($5,000.). Said bond shall be conditioned upon the proper repair, reconstruction and restoration of any and all roads, streets, avenues, highways or rights-of-way which are the subject of any and all applications of said utility. The form and sufficiency of such bond shall be subject to the approval of the Township Attorney. The posting of such bond, however, shall not exempt such applicant from making an application for each and every obstruction, encroachment, encumbrance, tunneling, cutting, breaking, excavation or opening or from complying with the provisions of this ordinance. [Amended 4-23-76 by Ord.No. 0-76-21]

§ 72-7. Temporary Repairs and Restoration.

A. Upon such notice to the Director of Public Works, or his designee as he may prescribe, and under his inspection, the contractor or permittee securing the permit thereunder, immediately and no longer than five (5) days after complet­ing the work necessitating the obstruction, encroachment, encumbrance, tunneling, cutting, breaking, excavation or opening, shall refill, properly stamp, compact and restore the same with a temporary cover consisting of gravel not less than eight (8) inches in depth and then with two (2) inches of cold patch (except in the case of earth or gravel roads). All fill or backfill must be approved and/or specified by the Director of Public Works or his designee. No clay soil shall be permitted for use as backfill and any unsuitable excavated soils shall be replaced in backfilling with gravel. Thereafter, and not less than sixty (60) days from completion of the temporary cover, the contractor approved by the Director of Public Works or his designee shall make final and permanent repair, reconstruction or restoration.

B. After final and permanent repairs, reconstruction or restoration is made, the contractor or permittee shall notify the Director of Public Works or his designee of the same, whereupon the Director of Public Works or his designee shall make the inspection. Thereafter, if at the end of a period of four (4) months from the completion of the final and permanent repairs, reconstruction or restoration no defects in the contractor's or permittee's work appear, upon request of the applicant and final approval by the Director of Public Works or his designee, the cash deposit may be returned to the applicant.

§ 72-7A. “Temporary Paving”.

The permittee shall immediately, after completing the work, refill, properly tamp and restore the excavation or opening with a temporary paving cover as follows: 10 inches of compacted gravel (Type 5A) in all areas and two inches of approved bituminous temporary patch material (cold patch) in paved cartways. The temporary paving cover shall be left in place and maintained by the applicant for a minimum of 90 days and a maximum of 120 days, after which the temporary paving cover and required portion of compacted gravel shall be removed and replace with the final paving required by the Director of Public Works. Improvements to the temporary paving that are deemed necessary due to settlement prior to approval for final paving, shall reset the minimum number of days for temporary paving to be maintained by the permittee to 60 days from the date of repair.

§72-7B. “Final Restoration Requirement”.

Final paving is to comply with the requirements in the New Jersey Department of Transportation (NJDOT) Standard Specifications for Road and Bridge Construction 2007, as amended by the latest addendum of the NJDOT, herein referred to as NJDOT Standard Specifications. A lesser specification may be allowed after review by the Director of Public Works.

I. Surface Restoration:

a. No permittee shall commence final restoration until the Director of Public Works has determined that settlement of the subsurface is complete and the area properly prepared for restoration.

b. For service connections and trenches perpendicular to the

roadway: The street surface shall be permanently restored twelve (12) inches beyond the excavation on all sides by milling the surface surrounding the excavation to a depth of two (2) inches to extend the surface course restoration. The permanent restoration shall consist of a minimum of six (6) inches of dense graded aggregate, four (4) inches of bituminous stabilized base course and two (2) inches of FABC-1 surface course applied with appropriate tack coat to the adjacent pavement surface or a pavement cross section consistent to the existing pavement section.

c. For all other openings within the right-of-way:

i) The permanent restoration shall consist of a minimum of six (6) inches of dense graded aggregate, four (4) inches of bituminous stabilized base course and two (2) inches of FABC-1 surface course.

ii) The surface restoration shall extend the whole width of the travel lane disturbed by the excavation.

iii) For road openings down the center of the cartway, surface restoration shall extend across the full width of the paved road (both travel lanes).

d. The permittee is responsible for the full restoration of the roadway surface, including re-striping, installation of raised pavement markings, speed humps and signage.

e. Any concrete sidewalks disturbed, damaged or disrupted during the excavation or trench opening shall be replaced with concrete sidewalk conforming to all applicable standards of the Township of Gloucester. In the case of exposed aggregate or other decorative sidewalk, the contractor shall duplicate as close as possible the existing condition.

f. Where concrete curbing and/or gutters are disturbed, damaged or removed, curbing and gutters of the exact configuration as the existing shall be constructed. Concrete shall be Portland cement concrete, air-entrained, conforming to the NJDOT Standard Specifications for Class B concrete and shall have a minimum compressive strength of 4,000 pounds per square inch after twenty-eight (28) days.

g. All top soiled, seeded or otherwise unpaved areas disturbed in the course of the work shall be top soiled with a minimum thickness of not less than four (4) inches of loam-type topsoil. Fertilizer, lime and other soil conditioners needed to promote the proper growth of grass shall be incorporated and thoroughly worked into the topsoil. Seed or sod of species suitable for growth in the location and environment, and conforming to the requirements of the NJDOT Standard Specifications, shall be placed in all unpaved areas.

h. All gravel shoulder areas disturbed during excavation or trench opening shall be restored and graded to provide and maintain the proper flow of drainage and to provide adequate lateral support of the abutting pavement structure. The gravel material shall be soil aggregate, Type I-6, conforming to the requirements of NJDOT Standard Specifications Section 901. The soil aggregate or gravel shall be a minimum thickness of not less than eight (8) inches compacted thickness.

i. All concrete drive aprons disturbed during the course of excavation or trench opening shall be replaced in accordance with all applicable standards for concrete drive aprons, as set for in the Gloucester Township ordinances, and shall be constructed of Portland cement concrete, air-entrained, Class B concrete, having a twenty-eight (28) day compressive strength of 4,000 pounds per square inch and a minimum concrete thickness of six (6) inches.

j. In the event of the failure to restore the street opening properly within a reasonable time after the opening has been made or to maintain the restored street properly for a period of one year from the date of the aforesaid certificate of proper restoration, the Township may, upon two weeks’ notice to the person receiving the permit, undertake the restoration or maintenance work and have recourse to deposit for compensation.

[Added on 12-27-12 by Ord. No. O-12-31]

§ 72-8. Defects; correction of work; default.

A. If at the end of or during the said four-month period any settlement occurs or any defects appear, the Director of Public Works or his designee shall notify the contractor or permittee, by ordinary mail at the address given on the application, to correct the condition within ten (10) working days of the notice and complete a new temporary cover after which the final repairs, reconstruction or restoration shall again be made as hereinabove provided. An additional inspection fee of twenty dollars ($20.) shall be charged or deducted from any cash sums placed on deposit by the applicant for such additional inspections.

B. In the event that the contractor or permittee shall fail to proceed to correct the conditions as required within the time stipulated and there are cash moneys on deposit, then the township may make said corrections and all finds on deposit shall, without further notice, be credited to the general revenues of the township to defray the cost of work required to be performed by the township, or if there is a bond posted, said bond shall be declared in default and appropri­ate action shall be taken thereon by the township.

§ 72-9. Restrictions.

Each obstruction, encroachment, encumbrance, tunneling, cutting, breaking, excavation or opening shall be the subject of a separate application and, unless written approval is obtained from the Director of Public Works or his designee, no person shall be permitted to obstruct, excavate, tunnel, cut, break or open a road, street, avenue, highway or right-of-way for a greater distance than three hundred (300) feet at one time or keep the same opened for a longer period than one (1) week. In no event shall a permit hereunder be valid for a period of time in excess of sixty (60) days after its issuance without the written approval of the Director of Public Works or his designee.

§ 72-10. Statement of compliance required.

No permit shall be issued to an applicant unless the applicant shall have presented satisfactory proof to the Township Clerk in the form of a written statement either:

A. That said applicant has complied with the requirements of N.J.S.A.2A:170-69.4 in first ascertaining, in the manner prescribed in said statute, whether any pipe distributing or transmitting manufactured, mixed or natural gas or synthetic natural gas, liquefied natural gas or propane gas is within two hundred (200) feet of the location of the place of an excavation, tunneling, cutting, breaking or opening; or

B. That said applicant is exempted from compliance therewith under the provisions of said statute.

§ 72-10.1.Insurance.

No permit shall be issued until the applicant has furnished the Clerk with satisfactory proof that he is insured against injury to persons and damage to property caused by any act or omission of the applicant, his agents, employees or subcontractors done in the course of the work to be performed under the permit. The insurance shall cover all hazards likely to arise in connection with the work, includ­ing but not limited to collapse and explosion, and shall also insure against liability arising from completed operations. The limits of the policy of insurance shall be one hundred thousand dollars ($100,000.) for injuries to one (1) person in the same accident, and three hundred thousand dollars ($300,000.) for more than one (1) person in the same accident, and an aggregate of one hundred thousand dollars ($100,000.) for property damage for a single accident.

§ 72-10.2.Conformity of performance with application.

All obstructions, encroachments, encumbrances, tunneling, breaks,excavations and openings shall conform in size to the application on which the permit is based and shall be performed in neat, even and rectangular sections. Any deviation from the application shall be documented and submitted to the director of Public Works or his designee within ten (10) days of the occurrence of the deviation for his review and approval. All excavations to a depth of six (6) feet or more and other such excavations as may be designated by the Director of Public Works or his designee shall be shored and braced to support the walls of the trench for the protection of workmen and to prevent the unintentional widening of the trench.

§ 72-10.3 Protective measures required.

A. The applicant and contractor shall conform to all Occupational Safety and Health Administration requirements. It shall be the duty and responsibility of the contractor and permittee hereunder engaging in the activity for which a permit is required to place and maintain barriers and warning devices necessary for the safety of the general public. Barriers, warning signs, lights, etc., shall conform to the requirements of the Director of Public Works, the Police Traffic Division and the Township Engineer. Warning lights shall be utilized to indicate any hazard to traffic and pedestrians from sunset of each day to sunrise of the next day and shall be visible at a reasonable dis­tance for safety. All earth, dirt, building materials, appliances and equipment which may constitute a hazard or danger to safety shall be lighted.

B. The contractor or permittee shall also take appropriate measures to assure that during the performance of the work or activities for which a permit is issued, traffic con­ditions as near normal as possible shall be maintained at all times so as to minimize inconvenience to the occupants of adjoining properties and to the general public.

C. All materials excavated from trenches and piled adjacent to the trench or in any road, street, etc. shall be piled and maintained in such a manner as not to endanger those working in the trench, pedestrians, traffic, users of the roads and streets and so that as little inconvenience as possible is caused to those using the roads, streets, and sidewalks and adjoining property owners.

D. As the work or activity for which a permit was issued progresses, all roads, streets, avenues, highways, rights-of-way and surrounding areas shall be thoroughly cleared of all rubbish, excess earth, rock, materials and other debris. All cleanup operations at the location shall be accomplished at the expense of the contractor or permit­tee and shall be completed to the satisfaction of the Director of Public Works or his designee. Upon the failure to properly clean up within twenty-four (24) hours after notice from the Director of Public Works or his designee, the Director of Public Works may clean up and the cost therefor may be charged against the contractor or permittee or deducted from any sums deposited.

E. The applicant and contractor shall be fully responsible for any and all damage or injury to person or property occasion­ed in any manner by reason of the obstruction, encroachment, encumbrance, tunneling, cutting, breaking, excavation or opening and the work performed incidental thereto.

§ 72-10.4.Emergencies.

In cases of emergency involving underground gas, water, sewer, telephone or electrical facility or other emergency determined, with approval, by the Department of Public Works director or the Township Engineer, where immediate repair is necessary to prevent loss or damage to streets or property or discontinuance of service or for the preservation of life and property, it shall not be necessary to obtain a permit before commencing such repair. In no event shall such emergency procedure, however, exempt said person from any other provision of this ordinance. [Amended 4-23-76 by Ord. No. 0-76-21] [Amended 12-27-12 by Ord. No. O-12-31]

§ 72-10.5.Exceptions.

(Amended 4-23-76 by Ord. No. 0-76-21.)

A. The terms of this ordinance shall not apply to a road, street, avenue, highway or right-of-way within any subdivi­sion approved by the appropriate governmental bodies prior to the Township of Gloucester having accepted the same for maintenance.

B. In an appropriate case of an application of a public utility for the installation, removal, replacement or maintenance of utility poles in the right-of-way where the cartway will not be disturbed, damaged or substantially affected and where said activities will not create, constitute or result in a hazard or conditions detrimental to the public health, safety and welfare, the Township Clerk, with the approval of the Director of Public Works or his designee, may waive compliance by the said utility with such of the terms of this ordinance as may be deemed inappropriate to the accom­plishment of the intent and purposes of the ordinance.

C. The Township Clerk, with the approval of the Director of Public Works or his designee, may waive compliance with the terms of this ordinance in the case of an application by a federal, state, county or municipal governmental body, department, agency or authority.

§ 72-10.6.Inspection; rules and regulations.

The Director of Public Works or his designee shall make such inspections as are reasonably necessary in the enforcement of this ordinance and the said Director shall have authority to promulgate and cause to be enforced such rules and regulations as may be reasonably necessary to enforce and carry out the intent of this ordinance.

§ 72-10.7.Violations and penalties.

Any person violating any provision of this ordinance shall, upon conviction thereof, be subject to a fine not exceeding five hundred dollars ($500.) or imprisonment in the county jail for a term not exceeding ninety (90) days, or both, in the discretion of a court of competent jurisdiction. Each and every day that such violation shall continue shall be a further and separate offense under the terms of this ordinance, subject to the penalties herein prescribed.

§ 72-10.8.Definitions.

As used in this ordinance, the following terms have the meanings indicated:

PERSON - Includes individuals, firms, partnerships, corporations and unincorporated associations.

§ 72-10.9.Severability.

If any provision of this ordinance or the application of such provision to any person or circumstance shall be held invalid, the remainder of this ordinance or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.

§ 72-10.10. Repealer.

Ordinance Nos. 153 and 154, as amended (§ 72-1 through 72-10 of Article I of Ch. 72 of the Code of the Township of Gloucester), are hereby repealed, and all other ordinances or parts of ordinances inconsistent with the terms hereof be and the same are hereby repealed to the extent, however, of such inconsistency only.

§ 72-10.11. When effective.

This ordinance shall take effect immediately.

ARTICLE II Sidewalks: Use by Automobiles and Other Vehicles

[Adopted 8-4-13 as Ord. No. 19]

Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey, as follows:

§ 72-11. Use of vehicles on sidewalks.

It shall be unlawful for any person or persons to run an automobile or other motor vehicle on a paved or otherwise improved sidewalk in the said township.

§ 72-12. Operating bicycles on sidewalks unlawful.

It shall be unlawful for any person or persons to run a bicycle on a paved or otherwise improved sidewalk in any village or built-up section within the said township.

§ 72-13. Repealer; effective date.

All inconsistent provisions are hereby repealed, and this ordinance shall take effect on August 15. 1913.

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Editor's Note: This ordinance also repealed former Article I, Encroach­ments, Obstructions, Encumbrances, adopted 10-20-49 as Ord. No. 153, as amended; see § 72-10.10.

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²Editor's Note: In regard to the amendment to § 72-4, this ordinance also provided that "Any sum paid by an applicant as an application fee pursuant to § 72-4 of Ord. No. 0-76-11 in excess of the amended application fee, as provided in Section 1 of this ordinance, between the effective date of Ord. No. 0-76-11 and the effective date of this amending ordinance shall be remitted to said applicant upon request and appropriate township action."

ARTICLE III Sidewalks: Removal of Grass, Weeds, Snow and Ice

(Adopted 11-27-95 as Ord. No. O-95-57)

Be it ordained by the Township Council of the Township of Gloucester, in the County of Camden and State of New Jersey as follows:

§ 72-14. A. Responsibility for Repairs

A. Whenever the pavement or surface of any public sidewalk or portion thereof upon or along a public street or highway in the Township shall be found to be broken, disintegrated, uneven or otherwise defective to such an extent that it would be likely to cause a pedestrian to trip or fall in passing along the same, it shall be the responsibility of the abutting property owner to make the necessary repair and/or reconstruction of the sidewalk or portion thereof.

B. Removal of Snow and Ice.

1. Whenever the pavement or surface of any public sidewalk or portion thereof upon or along a public street or highway in theTownship shall be found to be covered by ice or two (2) inches or more of snow, it shall be the responsibility of the abutting landowner or occupant to remove said ice or snow within twelve hours of daylight after the same shall fall or be formed thereon.

2. Whenever the pavement or surface of any public sidewalk or portion thereof upon or along a public street or highway in the Township shall be found to be covered with grass, weeds, and impediments therefrom, it shall be the responsibility of the abutting landowner or occupant to remove said grass, weeds or impediment within three (3) days after notice to remove same has been provided the Township Official.

§72-15. Inconsistency.

All ordinances and provisions thereof inconsistent with the provisions of this Ordinance shall be and are hereby repealed to the extent of such inconsistency.

§72-16. Severability.

If any section, subsection or part, clause or phrase of this Ordinance shall be deemed invalid by judgment of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of the ordinance.

§72-17. When effective.

This Ordinance shall take effect immediately after final passage and publication as required by law.